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(영문) 인천지방법원 2019.03.29 2018가단249161

건물명도(인도)

Text

1. The defendant has each point in the order of indication 1, 2, 3, 4, and 1 of the attached drawing among the area of 426.4 square meters in Michuhol-gu, Incheon Metropolitan City.

Reasons

1. Facts of recognition;

A. The Plaintiff owns the building indicated in paragraph (1) of this case (hereinafter “instant building”).

B. The defendant occupies the building of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Determination:

A. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to deliver the instant building to the Plaintiff, the owner of the instant building, as an occupant of the instant building, except in extenuating circumstances.

B. The Defendant’s assertion argues that the Defendant cannot respond to the Plaintiff’s claim before receiving the refund of KRW 5 million premium on the instant building.

However, only the circumstance alleged by the defendant does not constitute a ground to justify the possession of the building of this case, and there is no other evidence to prove that the defendant has the right to possess the building of this case.

The defendant's argument is without merit.

3. The plaintiff's claim of this case is accepted as reasonable.